Legal Opinion

Rodarte v. Carrier Corp.

Texas Court of Appeals, 8th District (El Paso)

Decided April 4, 1990No. 08-89-00232-CVPublishedCited by 21 opinions

1Opinion of the Court

OPINION

OSBORN, Chief Justice.

This is an appeal from a summary judgment entered in a wrongful death case based upon the Texas statute of repose which requires suits against one who constructs or repairs an improvement to real estate to bring such suit within ten years after the construction or repair of the improvement. We affirm.

On April 20, 1982, Mario Rodarte was attempting to repair a 38C4 heater-air conditioner unit which was designed, manufactured and marketed by the Carrier Corporation. He was electrocuted and his heirs filed this suit for wrongful death in 1983 alleging that design and…

2Cases cited11 opinions

  1. City of Houston v. Clear Creek Basin AuthorityTexas Supreme Court · 1979
  2. Pacific Indemnity Co. v. Thompson-Yaeger, Inc.Supreme Court of Minnesota · 1977
  3. Ellerbe v. Otis Elevator Co.Court of Appeals of Texas · 1981
  4. Clancy v. Jartech, Inc.Supreme Court of the United States · 1982
  5. McCulloch v. Fox & Jacobs, Inc., Texas Court of Appeals, 5th District (Dallas)1985

6 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Blaske v. Smith & Entzeroth, Inc.Supreme Court of Missouri · 1991
  2. Sonnier v. Chisholm-Ryder Co., Inc.Texas Supreme Court · 1995
  3. Mark Barnes v. Westinghouse Electric CorporationCourt of Appeals for the Fifth Circuit · 1992
  4. Reames v. Hawthorne-Seving, Inc., Texas Court of Appeals, 5th District (Dallas)1997
  5. prod.liab.rep. (Cch) P 13,017 Linda Dedmon, Etc. v. Stewart-Warner Corp., Third-Party and v. Donald Hampton, Third-PartyCourt of Appeals for the Third Circuit · 1992

16 more not listed; retrieve them via the Exa API.

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